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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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I have been caught going through a level crossing with red

Resolved Question:

I have been caught going through a level crossing with red lights flashing. I've received a notice of intended prosecution. The notice states I've committed one or more of the following offences: s2-s3-s22-s28-s29??s35-s36. The details section just states s36.
What on earth do I put on the reply form? What is the likely punishment?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you have any other points in the last three years please?
Customer: replied 2 years ago.
Hi Jo. I have no points. Lee
Expert:  Jo C. replied 2 years ago.
Thanks.
If this is just a S36 prosecution then it will only carry 3 points and a fine. There is a fixed penalty they can give you of £100 and 3 points and it is possible they could give you the red light awareness course.
Because this is a level crossing though there is a chance they could summons you for driving without due care and attention which carries 3-9 points or a short ban and a fine although it would only lead to 3-6 points and a fine.
If these were flashing red lights then I would expect a S36 RTA prosecution.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
RTA?
Expert:  Jo C. replied 2 years ago.
Sorry?
Customer: replied 2 years ago.
You said a s36 RTA prosecution also, I asked what I should put on the reply form from the police? It asks for an explanation- do I say u was unsure or a basic reply? I genuinely haven't encountered a level crossing with flashing lights before and it took a few seconds (once crossed) to remember.
Expert:  Jo C. replied 2 years ago.
You have received S172 request.
All they do is demand the identity of the driver and they are usually fairly self explanatory.
If you were the driver then you just respond identifying yourself.
Customer: replied 2 years ago.
No, there's a form I have to complete offering an explanation for mitigation or defence
Expert:  Jo C. replied 2 years ago.
Have you previously filled out a S172 form?
Customer: replied 2 years ago.
Yes. A long time ago but there was no section 'd'. It says I don't have to fill it in but says 'any answers will assist police in deciding what, if any action is to be taken'. Is it better to Say it was a stupid mistake - poor judgment etc and apologie profusely or say nothing?
Expert:  Jo C. replied 2 years ago.
Ok.
This is a summons then.
Or possibly a conditional fixed penalty.
It is better to say nothing that to say the wrong thing. If all you are going to say is that it was a moment's inattention, express remorse and point to your hitherto good driving record though then that is the best response to a situation like this. There is never a great deal that can be said in mitigation with road traffic offences.
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